A WIPO email about a provisional refusal in China often arrives with two documents: WIPO’s forwarding notice and the Chinese refusal decision. Save both. One helps establish the response timeline, and the other tells you which goods or services are affected and why. The workflow below uses generalized scenarios drawn from practice.
For the general procedure, see our China trademark refusal review guide. If you need to assess a cited mark, see how to search the Chinese register and check similarity. For the underlying filing routes, compare Madrid designation and direct filing in China.
1. Confirm the deadline before working on the arguments
For a provisional refusal issued by China on its own examination, WIPO lists a 15-day period from the holder’s receipt of the WIPO notification. Check the actual notice and the record of receipt. Keep the original email or other delivery record with the attachments. If the date is uncertain, flag it immediately and work to the earliest plausible deadline while it is being verified. Opposition-based refusals are listed separately. WIPO response time limits by member
The Chinese refusal review is filed with the China National Intellectual Property Administration (CNIPA). Start checking the holder’s details, the required supporting documents and the signed power of attorney while the arguments are being drafted. WIPO overview of examination by designated offices
2. Match each objection to the goods you need to protect
For an earlier-mark refusal, make a short table with one row per cited registration and columns for the relevant goods or services, the basis for distinguishing the marks, and the proposed response. Compare the marks as a whole and check the Chinese similarity groups and the specific goods involved. A Nice class number alone does not tell you which items conflict.
For a refusal based on descriptiveness or lack of distinctiveness, start with what Chinese consumers are likely to understand the mark to mean for the goods you intend to defend. A coined expression can still describe a feature of the goods when read as a whole. Product pages can help show how the wording is presented, but promotional claims may also reinforce the examiner’s reading. A foreign website alone does not establish recognition among consumers in China. If the review relies on acquired distinctiveness, look for dated evidence that ties the mark and the goods to the relevant Chinese public. CNIPA explanation of the Trademark Examination and Adjudication Guidelines
3. Decide whether to defend the full list or a narrower scope
Compare the exact wording in the international registration, the goods affected by the refusal and the holder’s commercial priorities. If the holder chooses to pursue only some of the refused items, identify those items precisely in the Chinese review request and obtain written instructions on the scope. Do not add new goods or assume a shorter list will resolve the objection. If the same cited right or descriptiveness issue still applies to the retained goods, the argument must address it.
Defining the scope of a Chinese review and recording a formal limitation through WIPO are separate steps. A request made in the Chinese review does not itself record a limitation in the International Register. If an international recordal is also wanted, check the separate eMadrid procedure and the designated members it should cover. Do not rely on that process to preserve the Chinese review deadline. WIPO guide to limiting goods and services
4. Treat non-use cancellation and suspension as separate decisions
A refusal review can proceed on the merits without a cancellation filing. If a cited registration might be vulnerable to cancellation for three consecutive years of non-use, first check whether it is eligible and whether removing it could change the outcome for the goods that matter. A public search can supply preliminary evidence, but a lack of public results does not establish non-use. The owner of the cited registration may later provide evidence of relevant use or a legitimate reason for non-use. CNIPA explanation of preliminary investigation evidence
If the holder of the international registration authorizes a cancellation filing, confirm which registrations to challenge and describe the actual procedural status in the review. Where appropriate, identify the proceeding and explain why its outcome matters to the review. If another cited registration would independently block the same goods, address that obstacle before asking CNIPA to wait. Filing a cancellation does not automatically suspend the review. CNIPA guidance on requesting suspension
5. Check the filing package against the online form
Prepare the review request and legal basis, the facts and reasons, the original refusal decision and WIPO forwarding notice with Chinese translations, and the applicable delivery evidence and power of attorney. If relying on exhibits, match the evidence index to the uploaded files. Decide before filing whether supplemental evidence will be needed and check the applicable declaration and deadline in the system. CNIPA public service guide · CNIPA online filing instructions
Before submitting, compare the goods in the online form with those in the written request and the holder’s instructions. Save the filing receipt and the submitted package so the holder can see exactly what was filed.